A new temporary maltreatment compensation fund has been established as part of the Comprehensive Home Care Law, effective July 1, 2019. This special revenue account will expire July 31, 2021 when the Assisted Living Licensure becomes law.
MHCA has been in communication with the Department of Health with clarification questions and will share more information as it becomes available.
We can confirm the following fines:
1. New Fine: temporary licensees who fail to notify the commissioner within five days of beginning to serve clients will now be fined $1000. This fine was effective upon enactment of the Elder Care and Vulnerable Adult Protection Act of 2019 in May.
2. Increased Fines: fines for level 2 through 4 violations will increase, with immediate fine imposition for both surveys and investigations.
3. New Fines: a fine of $1,000 will be imposed for licensees found responsible for maltreatment. A fine of $5,000 may be imposed if the commissioner determines the licensee is responsible for maltreatment consisting of sexual assault, death, or abuse resulting in serious injury. When a fine is assessed for substantiated maltreatment, the commissioner shall not also impose an immediate fine for the same circumstance.
Fines collected for substantiated maltreatment violations will be deposited in a dedicated special revenue account and appropriated to the commissioner to provide compensation to clients subject to maltreatment. A client may choose to receive compensation from this fund, not to exceed $5,000 for each substantiated finding of maltreatment, or take civil action. Nothing in this new law affects the rights available to clients under current law or prevents a client from filing a maltreatment report in the future.
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